Application filed to modify an order dated 20.12.2017. Court agreed that the Directorate of Secondary Education is now the appropriate authority and modified the original order to direct them for compliance.
The order dated 20.12.2017 was modified to direct respondent No.3 to comply and respondent No.4 to cooperate.
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GAHC010047252019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1575/2019
1:THE DEPUTY COMMISSIONER
NAGAON, DIST. NAGAON, ASSAM, PIN 782001
VERSUS
1:PABITRA BORA AND 3 ORS S/O LATE KAMALA KANTA BORA, R/O VILL. KAKI, P.O.KAKI, DIST. NAGAON, ASSAM, PIN
2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GUWAHATI-6
3:THE DIRECTOR OF SECONDARY EDUCATION GOVT. OF ASSAM KAHILIPARA GUWAHATI 19
4:THE DIRECTOR OF ELEMENTARY EDUCATION GOVT. OF ASSAM KAHILIPARA GUWAHATI-19
5:THE DIST. ELEMENTARY EDUCATION OFFICER LANKA BLOCK NAGAON ASSAM
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Advocate for the Petitioner : MRS. R BORBORA
Advocate for the Respondent : MRS. S P HUSSAIN
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
09.09.2019
Heard Mrs. R. B. Borah, learned counsel for the applicant. I have also
heard Mrs. S. Parvin, learned counsel for the OP/writ petitioner. Mr. S. P. Bhattacharjee, learned Standing Counsel is present on behalf of the Higher Education Department.
This I.A. has been filed with a prayer to modify the order dated 20.12.2017 passed by this Court in WP(C) No.7191/2017.
Mrs. Borah submits that when the order dated 20.12.2017 was passed by this Court, a process of rationalization of posting of school teachers was going on in the district and therefore, the respondent No.2 i.e. the Deputy Commissioner, Nagaon, had some role to play in the matter. However, the said exercise has been stopped long back and at present, it is the Director of Secondary Education i.e. the respondent No.3 who is the authority in control of the transfer and posting of school teachers and therefore, the appropriate authority to carry out the order of this Court. Since there is no direction to the respondent No.3 and considering the fact that the respondent No.2 does not have any role to play in the matter, Mrs. Borah has prayed for suitably modifying the order dated 20.12.2017.
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Mrs. Parvin has not disputed the submission made by the learned counsel for the applicant but has argued that despite the order of this Court, the salary of the petitioner has not been paid till today.
The grievance expressed by the learned counsel for the writ petitioner can be looked into in an appropriate proceeding. However, since the prayer in the present application is only for modification of the order dated 20.12.2017 and considering the grounds on which the prayer is made, I am of the view that the prayer deserves to be allowed.
As such, the order dated 20.12.2017 is hereby modified by providing that the respondent No.3 shall take appropriate steps for complying with the direction of the court. The writ petitioner would, accordingly, be at liberty to demand compliance of the order from respondent No.3, if so advised. It is also provided that the respondent No.4 may render necessary cooperation in the matter for prompt implementation of the order of this Court.
I.A. stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the order dated 20.12.2017 needs modification to direct the respondent No.3 (Director of Secondary Education) instead of respondent No.2 (Deputy Commissioner) regarding teacher posting.
Whether the non-payment of salary to the petitioner should be addressed in the current interim application or a separate proceeding.
1 provisions across 1 enactments
The Deputy Commissioner, Nagaon
Pabitra Bora
The State of Assam Represented by the Commissioner and Secy. to the Govt. of Assam Education (Elementary) Deptt.
The Director of Secondary Education, Govt. of Assam
The Director of Elementary Education, Govt. of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
